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Defense bill contains gay-related provisions

Expanded conscience protections; sodomy ban repealed in military code

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United States Capitol Building, dome, gay news, Washington Blade
United States Capitol Building, dome, gay news, Washington Blade

The defense authorization passed by Congress includes gay-related provisions. (Washington Blade file photo by Michael Key)

The U.S. Congress passed major defense budget legislation on Thursday that includes provisions related to the LGBT community — both good and bad — in the aftermath of “Don’t Ask, Don’t Tell.”

The fiscal year 2014 defense authorization bill contains an expansion of the conscience protections for service members under current law, but also repeals the sodomy ban under military law and calls for a report on HIV policy within the U.S. military.

The Senate approved late Thursday by a vote of 84-15 a $630 billion version of the bill, which primarily reauthorizes pay for troops and funding for military programs. The House already approved the legislation, so it’s heading to President Obama’s desk.

Sen. Carl Levin (D-Mich.), the retiring chair of the Senate Armed Services Committee, issued a statement upon passage of the legislation praising the bipartisan nature of its approval.

“Tonight we passed legislation that is good for our national security, and for the men and women who protect us and their families,” Levin said. “The Senate vote is a strong bipartisan statement that, despite our differences, we can come together and accomplish important business for the good of the country.”

Under Section 532, the legislation contains an expansion of the conscience provision that was enacted as part of last year’s defense authorization bill. Under this provision, the armed services shall accommodate service members’ expression of their beliefs — unless it would have an adverse impact on military readiness or good order and discipline.

The language was inserted by Sen. Mike Lee (R-Utah) during the Senate Armed Services Committee markup of the fiscal year 2014 defense authorization. It’s along the lines of a conscience amendment submitted by Rep. Mike Fleming (R-La.) during the House Armed Services Committee markup of its version of the bill, but not quite as strong. LGBT advocates decried the House version of the amendment as a means to enable service members to discriminate and harass their gay colleagues.

A related provision, Section 533, instructs the Inspector General of the Department of Defense to submit a report to Congress no longer than 18 months after the bill is signed into law on incidents of adverse personnel actions or discrimination against troops based on their moral beliefs.

Tony Perkins, president of the anti-gay Family Research Council, praised Congress in a statement over inclusion of the provision, which he said is a means for “protecting the right of service members to freely practice and express their faith.”

“Congress acted appropriately after investigating numerous incidents involving service members who have had their careers threatened, and harassed simply for practicing their faith in a real and tangible way,” Perkins said. “The religious liberty violations have grown so frequent in recent years leading many service members to report being too fearful to share their faith.”

After the enactment of the earlier conscience provision under the previous defense authorization bill, Obama said the Pentagon assured him the language wouldn’t change how the armed forces operated. The Defense Department didn’t respond to the Washington Blade’s request for comment on how implementation will work this time around.

Ian Thompson, legislative representative of the American Civil Liberties Union, said the inclusion of the conscience provision in the defense authorization bill was unnecessary.

“The ACLU believes that the Constitution and existing laws and regulations already offer all members of the Armed Forces, including chaplains, strong protections for their religious beliefs,” Thompson said.

Fred Sainz, the Human Rights Campaign’s vice president of communications, expressed a similar sentiment that the provision is unnecessary because service members’ religious views are already protected under current policy.

“Although this amendment is unnecessary, Congress dropped a different version adopted by the House of Representatives that would have been truly harmful, requiring the military to accommodate beliefs, actions, and speech of service members unless the armed forces could prove ‘actual harm’ to good order and discipline,” Sainz said.

But the legislation as a whole also contains positive language sought by LGBT advocates in the aftermath of “Don’t Ask, Don’t Tell” repeal. Among these provisions is Section 1707 — repeal of the ban on sodomy for gay and straight service members under Article 125 of the Uniform Code of Military Justice. The provision was added by Sen. Mark Udall (D-Colo.).

In its place, the legislation inserts into military code a provision making “unnatural carnal copulation” with another person “by force” subject to a court martial. The provision also reasserts the ban on bestiality in military code.

Although the sodomy ban was rarely enforced for service members engaging in consensual sex in private, it has remained on the books and been used to prosecute troops in combination with additional infractions.

ACLU’s Thompson said the repeal of the sodomy ban is an important step forward to guarantee the liberty of service members — gay and straight — in the aftermath of “Don’t Ask, Don’t Tell” repeal.

“This is a welcome and overdue step forward that respects the liberty and privacy of all service members, and is especially significant for gay and lesbian service members whose intimate relationships, including marriages, were labeled a violation of military criminal law,” Thompson said. “Removing this stigmatizing and discriminatory provision from the Uniform Code of Military Justice advances the promise of equal treatment for all military personnel.”

Additionally, under Section 572, the legislation directs the Pentagon to submit a report to Congress no later than 180 days after the bill is signed into law on personnel policies regarding service members with HIV or Hepatitis B.  The bill directs the Pentagon to include a description of the policies as well as related retention, deployment and disciplinary actions as well as an assessment of whether these policies are evidence-based and medically accurate.

According to the LGBT military group SPART*A, service members become non-deployable once they’re discovered to have HIV; can’t commission as an officer or warrant officer; can’t fly aircraft or work in any jobs requiring a flight physical; are restricted to stateside duty assignments (with the exception of the Navy); and are not eligible for special schools such as Ranger, Special Forces or other special ops jobs.

Thompson said the provision is welcome because it will examine whether the military’s current HIV policy is appropriate or outdated.

“This review is welcome and overdue becausemany of our laws, policies, and regulations regarding HIV were written at a time when we knew far less about the routes and risks of HIV transmission, and prior to the development of effective HIV treatment,” Thompson said.

Another important non-LGBT provision in the defense authorization bill replaces foreign transfer restrictions in  current law to enable President Obama to close the detention facility in Guantanamo Bay. The bill also seeks to aid victims of sexual assault in the military by criminalizing retaliation against victims who report it,  preventing military commanders from overturning jury convictions and protecting victims of sexual assault from abusive treatment during pre-trial proceedings.

The LGBT group Freedom to Work had said insertion of the Employment Non-Discrimination Act into the defense authorization bill could be a viable way to pass the measure. However, prior to ENDA’s passage in the Senate, Senate Majority Leader Harry Reid (D-Nev.) told the Washington Blade such inclusion wasn’t a viable option because he didn’t know if the larger defense bill would pass.

On Thursday, White House Press Secretary Jay Carney issued a statement saying the administration has concerns with certain aspects of the legislation, but supports it overall.

“Although the bill includes a number of provisions that restrict or limit the Defense Department’s ability to align military capabilities and force structure with the President’s strategy and implement certain efficiencies, overall the Administration is pleased with the modifications and improvements contained in the bill that address most of the Administration’s significant objections with earlier versions regarding these issues,” Carney said. “The Administration supports passage of the legislation.”

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India

India’s first transgender healthcare clinic reopens

Mitr Clinic closed after losing USAID funding

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(Photo by Rahul Sapra via Bigstock)

A U.S. Agency for International Development funding freeze in January forced the closure of India’s Mitr Clinic, the country’s first transgender healthcare facility, disrupting critical services for a vulnerable population. 

Six months later, the clinic has reopened as Sabrang Clinic, reviving access to essential care for the transgender community.

Major Indian corporations, including some of the nation’s largest multinationals, stepped up with substantial financial support. Their backing has enabled Sabrang Clinic to resume its mission of delivering specialized, stigma-free medical services.

The former Mitr Clinic on May 2 reopened as the Sabrang Clinic. YR Gaitonde Center for AIDS Research and Education, an HIV/AIDS service organization, manages the facility.

The Sabrang Clinic sparked controversy in the U.S. when U.S. Sen. John Kennedy (R-La.) in February denounced its USAID funding, arguing that American taxpayer dollars should not support trans healthcare initiatives abroad. President Donald Trump amplified the criticism, labeling the agency’s spending on such programs as “wasteful” and aligning with his administration’s broader push to curb federal support for gender-affirming care. White House press secretary Karoline Leavitt further fueled the debate, citing the clinic’s funding as part of a pattern of USAID’s “radical” expenditures, while House Speaker Mike Johnson (R-La.) echoed the sentiment, decrying similar international projects as misaligned with American priorities.

Elon Musk, who until May led the Department of Government Efficiency, added to the controversy surrounding the clinic. 

That’s what American tax dollars were funding,” he said in a Feb. 28 X post. 

His remark, made before his departure from the Trump-Vance administration, spotlighted the clinic’s USAID support, intensifying debates over its role in delivering trans healthcare in India.

The Washington Blade on Feb. 27 detailed how the USAID funding freeze crippled Mitr Clinic’s operations, spotlighting the broader fallout for South Asian LGBTQ organizations. 

The Blade noted the clinic, a vital resource for trans healthcare in India, faced abrupt closure alongside groups in Nepal, Bangladesh, and Pakistan, as the freeze slashed support for programs addressing HIV/AIDS, mental health, and gender-based violence, leaving thousands without access to essential services.

The U.S. President’s Emergency Plan for AIDS Relief (PEPFAR) and USAID in 2021 launched Program ACCELERATE, spearheaded by the Johns Hopkins University School of Medicine, to establish Mitr Clinic in Hyderabad in Telangana State. As India’s first comprehensive healthcare center for the trans community, the facility offered tailored medical services, including HIV/AIDS treatment and mental health support, filling a critical gap in the region’s healthcare landscape.

Sabrang Clinic serves a critical role for India’s estimated one million trans people, a population facing a disproportionate HIV/AIDS burden. 

A 2019 Reuters report noted a 3.1 percent HIV prevalence among trans people, translating to roughly 31,000 individuals living with the virus, compared to the national adult rate of 0.26 percent. Similarly, a 2021 UNAIDS report cited a 3.8 percent prevalence, suggesting approximately 38,000 trans people with HIV/AIDS. 

Internal reports indicate the clinic since it opened in 2021 has served more than 3,000 patients. It has become a model of community-led care that fosters trust and addresses the unique health needs of trans people in Hyderabad.

When USAID funding cuts forced Sabrang Clinic’s closure, scores of people and LGBTQ community members in Hyderabad were left without access to reliable, stigma-free healthcare. Undaunted, the clinic’s trans-led team pivoted to virtual consultations and medication delivery, sustaining critical support for patients until corporate funding revived operations.

Tata Trusts, a philanthropic arm of India’s Tata conglomerate, in April pledged to fund the clinic for three years.

The Hindu, a leading Indian English-language newspaper, reported the trust committed approximately $18 per person a year to sustain the clinic’s operations. This contrasts with the earlier USAID program, which had provided about $23 per person each year.

Tata Trusts covers the salaries of Sabrang Clinic’s core medical staff, while its leadership positions are jointly funded by Tata and the clinic’s parent organization. The clinic is now pursuing partnerships with additional donors to expand its trans-focused healthcare services.

“We are elated to continue this service, as we have always believed that sexual minorities deserve respect and their right to self-expression,” said YRGCARE Chief Operating Officer A.K. Srikrishnan. “That’s why we launched Mitr Clinic under Project ACCELERATE in 2021, and it operated until January 2025. The Trump administration’s USAID funding withdrawal forced a shutdown, but we have no comment on that. Fortunately, with great vigor, we secured support from Tata Trusts to sustain Sabrang Clinic. The name change to Sabrang, also called ‘Help for All,’ was simply to reposition the brand, with no deeper logic attached.”

Srikrishnan told the Blade that YRGCARE will aim to raise additional crowdfunding and support if the current funding proves insufficient to maintain the same level of services at the clinic. Srikrishnan also thanked Tata Trusts for its support.

“We want to expand it throughout the country given the choice,” said Srikrishnan. “If someone were to tell us, ‘Can you run it across the country?’ we would certainly love to do it.” 

“Sexual minorities are a reality, and however much someone wishes them away, they exist and need to exist with the respect and rights they deserve,” added Srikrishnan. “We do not differentiate between local and foreign contributions; when we needed it most, Tata Trusts stepped in and helped. So we are certainly grateful to them.”

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Rehoboth Beach

Rehoboth Pride festival to take place July 19

LGBTQ-friendly resort town welcomes third year of celebrations

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Rehoboth Beach celebrates Pride next weekend. (Washington Blade photo by Daniel Truitt)

Rehoboth Beach Pride is back for a day of summer celebration next Saturday. 

The Delaware beach town will host its Pride festival at the Rehoboth Beach Convention Center on July 19 from 9 a.m.-2 p.m., followed by an after-party at Freddie’s Beach Bar and a ticketed event in the evening with a film screening, comedian, and musician. 

“It will be a day of community engagement, fun, celebration and learning, all sorts of things rolled into one,” David Mariner, executive director of Sussex Pride, told the Washington Blade. “I think it’s a great opportunity for us to be together, to support each other.”

Pride is organized by Sussex Pride and Gay Women of Rehoboth. The festival will include a free, family-friendly event with vendors offering information and resources, health screenings, and other activities. 

Drag queen Roxy Overbrooke will host the festival, with performances throughout the day by Ivy Blu Austin, Goldstar, the cast of Clear Space Theatre, JC Pizzaz, and Kadet Kelly. 

Mariner said Rehoboth Pride has not seen a decrease in corporate support this year, as some Pride celebrations have. Last year, the vendor spots were capped at 50 but increased to 60 this year. 

“The main thing that’s different this year is what’s happening in the world and what’s happening in the country so it changes the tone,” Mariner said. “I go into this with strength and determination and an awareness and appreciation for the rights that we have here in Delaware. I go into this … knowing there are people in our community feeling under attack. There are a lot of things happening at the national level that impact us from healthcare to education that affect our lives in various ways.”

Funds raised from a raffle will be used to support unhoused LGBTQ youth in Delaware. Last year, the raffle raised $1,000, which was donated to the Safeguards Housing Committee, a program of PFLAG Wilmington. 

In response to LGBTQ youth “increasingly targeted by harmful rhetoric and policies,” the festival will hold various workshops with topics such as supporting the LGBTQ Latinx community, suicide prevention, and an ACLU activist training.  

Mariner referenced a Dan Savage quote from the AIDS epidemic that he loves. He said it reflects Pride festivals and the celebration of pride in the LGBTQ community. 

“During the darkest days of the AIDS crisis, we buried our friends in the morning, we protested in the afternoon, and we danced all night. The dance kept us in the fight because it was the dance we were fighting for,” the quote reads. 

Mariner said having an event like this that combines education, advocacy, and celebration is reflective of “who we are as queer people.” He said it’s important to learn and recommit to the work that needs to be done and that he is looking forward to every piece of the day. 

“I would just like to see everyone leave the convention center feeling loved and connected and supported and with a renewed sense of strength and determination to face whatever challenges may come,” Mariner said. 

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District of Columbia

Gay ANC member announces candidacy for Ward 1 D.C. Council seat

Community leader Brian Footer seeking seat held by Brianne Nadeau

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Brian Footer (Photo courtesy of Brian Footer for D.C.)

Gay Advisory Neighborhood Commissioner Brian Footer, a community activist who has been involved for many years in local and national government affairs, has announced his candidacy for the Ward 1 D.C. Council seat up for election in 2026.

Footer, a Democrat, will be running in the city’s June 2, 2026, Democratic primary for the Ward 1 Council seat, but it is uncertain whether he will be running against incumbent Ward 1 Council member Brianne Nadeau (D). Nadeau has not yet announced if she plans to run for re-election for a fourth term following her 12 years on the Council.

 Nadeau has been a longtime vocal supporter of the LGBTQ community.  

If Footer were to win the primary and the November 2026 general election, he would become the Council’s second openly gay member. Ward 5 Council member Zachary Parker (D) is currently the 13-member Council’s only gay member.

Footer is a three-term ANC commissioner who currently serves as Chair of ANC 1E, which represents the city’s Adams Morgan neighborhood.

“Brian has worked at every level of government — federal, state, and local — building a career rooted in public service, aging policy, and inclusive urban planning,”  a statement on his campaign website says.

“I’m running for Council because too many people in Ward 1 are doing everything right and still feel ignored by the city they call home,” Footer states on his website.

“I’m running because we can do better,” his statement continues. “That means making housing more affordable, addressing homelessness with real solutions, and keeping our neighborhoods safe with smart, community focused strategies.”

When contacted by the Washington Blade for comment, Nadeau said she was not ready at this time to discuss her plans about running again or about Footer’s candidacy.

“The primary is a ways away, and I’m very focused right now on the budget and the stadium deal and all the work that we’re doing at the Council,” she told the Blade. “So, I really haven’t had time to turn to my plans. So, as a result, I’m also not going to be commenting on anybody else who is determined that they’re running at this time.” 

She first won election to the Council in 2014 after she defeated four-term gay Ward 1 Council member Jim Graham in the Democratic primary after Graham became embroiled in an ethics controversy.

In the 2022 Democratic primary Nadeau defeated gay challenger Salah Czapary in a three-candidate race, by a margin of 48.5% of the vote compared to Czapary’s 30.9%.

With the third candidate, Sabel Harris, receiving 20.4%, the outcome showed that the two challengers had a combined total vote count higher than Nadeau.

Further details of Footer’s candidacy can be accessed from his campaign website, brianfooterdc.com.

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